Optimize the performance of procuratorial duties and promote the protection of the rights and interests of minors

Source: Procuratorate Daily

　　The revised Law on the Protection of Minors and the Law on the Prevention of Juvenile Delinquency have established a pattern of "six major protections" for minors with Chinese characteristics. In the context of the implementation of the "Two Laws", procuratorial organs shall adhere to the special principles of the protection of minors and procuratorial oversight, continuously optimize the path for procuratorial performance of duties, and actively integrate judicial protection into the other "five major protections", so as to realize the maximum value of procuratorial performance of duties involving juveniles.

　　Strengthen judicial protections to truly preserve the lawful rights and interests of minors. The first is to implement "two-way protection". Correctly grasp the special laws of cases involving juveniles, adhere to the principle of "education, reform, and rescue" and the principle of "education first, punishment secondary", and lawfully punish and accurately assist and educate juveniles involved in crimes. Punish crimes against minors in accordance with law, strive to curb the high incidence of crimes such as sexual assault and violence against minors; Explore the establishment of mechanisms for connecting the work of procuratorates and specialized schools, promoting the application of specialized education and correctional measures for juveniles who do not need to be sentenced because they have not reached the age of criminal responsibility, juveniles who have been conditionally not prosecuted, and juveniles with other serious negative conduct. The second is to deepen the comprehensive performance of duties. Through the unified and centralized handling of juvenile procuratorial operations, procuratorial organs can organically integrate the functions of the "four major procuratorates", and may more promptly and effectively carry out governance of the source of litigation in cases involving juveniles. Systems thinking should be strengthened, and in the course of handling criminal cases involving juveniles, review whether juveniles' civil and administrative rights and interests and public interests have been harmed, and conduct a review and assessment of the necessity of simultaneous supervision. Vice versa. In cases discovered that involve multiple procuratorial operations intersecting, comprehensively use supervision methods such as investigation and review, and coordinate and simultaneously use criminal, civil, administrative, public interest litigation procuratorial and other supervision methods, so as to achieve the effect of comprehensive judicial protection.

　　Actively perform their duties in accordance with the law, and promote the integration of the "six major protections". The first is to actively integrate into family protection. Combined with the problems discovered in the course of case handling, continue to advance efforts on family education and guidance, increase oversight of ineffective guardianship, and build a solid line of defense for minors' family protection. Rely on social forces to carry out social investigations of minors involved in cases, thoroughly analyzing issues such as the lack of family guardianship and improper family education methods behind minors' serious negative conduct, criminal conduct, and violations, and assessing and confirming the relationship between ineffective family guardianship and the problems of minors involved in the case. In response to issues such as the lack of parental guardianship of minors and improper methods of discipline, emphasize the implementation of "one policy per case", using methods such as drafting and issuing supervision and guardianship orders, accepting family education guidance orders, formulating individualized assistance and education plans with guardians' participation, and linking professional family education guidance social forces, to promote the parents or other guardians of minors involved in the case to perform guardianship duties in accordance with law. The second is to actively integrate into school protection. Keep a close eye on the implementation of the "No. 1 Procuratorial Recommendation", relying on oversight and case handling to promote mandatory reporting and mandatory investigation of each case in cases of sexual assault on campus, deepening the work of procurators serving as vice-principals for rule of law, combining the characteristics of students and the handling of cases involving minors, carrying out various forms of "rule of law on campus" activities, and assisting schools in establishing and improving the prevention of sexual assault through participation in special inspections of school safety. Campus safety prevention and control mechanisms such as the sexual harassment work system and the student bullying prevention and control work system, to truly maintain the campus environment and the safety of minors. The third is to integrate into social protection. Focus on areas closely related to minors' physical and psychological health, such as food and drug safety for minors, campus and school bus safety, governance of for-profit entertainment venues, operation and management of tobacco and alcohol sales, and tattoo services for minors, and use methods such as work coordination, procuratorial recommendations, and public interest litigation to assist in social governance in key industries and fields, and promote the formation of awareness of the protection of minors and the creation of a positive environment throughout society. Fourth, it is strongly integrated into network protection. Strictly crack down on crimes of using the internet to harm minors in accordance with law, cooperate with the "clean the internet" campaign, and promote the illegal use of minors' personal information, online games, live streaming tips, online communications, and social platforms to produce, reproduce, publish, disseminate, or possess soft pornography and online information about minors. Resolve issues such as minors' access to internet cafes, urge network service providers to operate in accordance with law, urge relevant departments to strengthen governance at the source in areas involving minors in cyberspace, plug loopholes in minors' online protections, and purify the online environment for minors. Fifth, it is fully integrated into government protection. Cooperate with and coordinate with relevant government departments to establish relevant work linkage mechanisms, and strive for the attention and support of all levels of coordination bodies for the protection of minors, and jointly complete efforts on the protection of minors. For example, an annual analysis report on juvenile criminal cases may be written, and countermeasures and suggestions for crime prevention may be put forward in light of the effectiveness and difficulties of juvenile procuratorial work, and sent to each member unit of the unprotected criminal committee, to make suggestions and suggestions for the establishment of a regional juvenile legal protection network.

　　Optimize the construction of software and hardware, and continue to improve the quality and efficiency of procuratorial duties. The first is to strengthen the construction of specialization. Juvenile procurators have higher requirements for professionalism, and should actively promote the professionalization of non-prosecution work, and the standardization of case-handling procedures and case-handling standards, in close consideration of factors such as the psychological and physical characteristics of juveniles and changes in the social environment in the new era. Strengthen the establishment of brands that have not been prosecuted, enhance the demonstrative, radiating, and driving effects, and convey the judicial temperature of caring for the healthy growth of minors through case handling. Continuously improve the management system and evaluation system that conform to the laws of unprosecuted work, and cultivate and build a professional and professional uninspected team that meets the requirements of uninsured work and procuratorial performance in the new era. The second is to promote the construction of smart non-inspection. With big data empowering procurators as a key variable in advancing the capacity building of non-procuratorial capabilities, accelerate the upgrading of the juvenile procuratorial case-handling system, promote the online handling and circulation of the "four major procuratorial" business for juveniles, and make relevant data available with one click; Strengthen information management, giving play to the role of the 12309 procuratorial service hotline as a "special area for the judicial protection of minors", actively connecting with the "handling of complaints" platform, strengthening the collection, integration, and feedback of leads on issues related to minors; Analyze and assess issues such as the prevention and governance of juvenile crime, and advance the comprehensive management of the protection of minors in the digital age.

　　(Author's Affiliation: Beijing Shunyi District People's Procuratorate)